Appendix I: Residency Standards: A–G

A. Definitions

For the purpose of these Residency Standards the following definitions apply:

“Domicile” is a person’s true, fixed, and permanent home and place of habitation. It is the place where a person intends to remain and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere. In order to establish a domicile in Oregon, a person must maintain a predominant physical presence in Oregon for 12 consecutive months after moving to the state.

A "financially independent person" is a person who, at the time of application for residency status: (a) declares himself or herself to be financially independent; (b) has not been claimed as a dependent during the immediately preceding tax year, and will not be claimed as a dependent during the current tax year, on the federal or state income tax returns of any other person; and (c) has not received in the immediately preceding calendar year, and will not receive during the current calendar year, one-half or more of his or her support, in cash or in kind, from another person or persons, except for support received from his or her spouse.

A "financially dependent person" is a person who, at the time of application for residency status: (a) declares himself or herself to be financially dependent; and (b) has been claimed as a dependent on the federal and state income tax returns of another person during the immediately preceding tax year.

"University” or "Universities” are Oregon public universities listed in ORS 352.002.

"Residency Procedure" is the procedure attached as Appendix II to the Interinstitutional Residency Compact, including any subsequent amendments as described in that

B. Determination of Residence

For purposes of admission and instruction fee assessment, Universities who apply these Residency Standards shall classify a student as Oregon resident or nonresident1. In determining resident or nonresident classification, the primary issue is a person's intent in coming to Oregon. Intent is inferred from a person's conduct and history as they relate to the requirements of these Residency Standards. If a person is in Oregon primarily for the purpose of obtaining an education, that person will be considered a nonresident. It is possible for an individual to qualify as a resident of Oregon for purposes of voting or obtaining an Oregon driver's license and not meet the residency requirements established by these Residency Standards.

An Oregon resident is a financially independent person who, prior to the term for which Oregon resident classification is requested, has both: (a) established and maintained a domicile in Oregon for 12 consecutive months; and (b) during that period, has been primarily engaged in activities other than those of being a college student.

A student may be considered primarily engaged in educational activities regardless of the number of hours for which the student is enrolled. However, a student who is enrolled for more than 8 hours in any semester or quarter during the 12-month period referred to in section B.2 of these Standards shall be presumed to be in Oregon for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of 12 consecutive months in this state unless the student proves, in fact, establishment of a bona fide domicile in this state primarily for purposes other than educational.

An Oregon resident is also a financially dependent person who is claimed as a dependent by another person who has both: (a) established and maintained an Oregon domicile for 12 consecutive months; and (b) during that period, has been primarily engaged in activities other than those of being a college student.

A financially dependent person who is claimed as a dependent by another person who has not established and maintained an Oregon domicile shall be presumed to be a non-resident. This presumption may be overcome by evidence of the student's long-standing presence in Oregon and demonstration of other factors under Section C of these Standards.

The criteria for determining Oregon resident classification shall also be used to determine whether a person who has moved from Oregon has established a non-Oregon residence.

If institution records show that the residence of a student or the person upon whom the student is dependent is outside of Oregon, the student shall continue to be classified as a nonresident until entitlement to resident classification is shown. The burden of showing that the residence classification should be changed is on the student requesting the change.

Notwithstanding section B.4 of these Standards, a student who is financially dependent on a non-Oregon resident may nonetheless be considered an Oregon resident if the student resides in Oregon for at least 12 consecutive months with a parent or legal guardian who has both: (a) established and maintained an Oregon domicile for 12 consecutive months; and (b) during that period, has been primarily engaged in activities other than those of being a college student.

Footnote:

1Oregon law establishes two exemptions from non-resident tuition. ORS 351.641 provides an exemption for students who are not US citizens or lawful permanent residents, but who meet certain other qualifications, including attendance at an Oregon school and receiving a high school diploma or equivalent in Oregon. ORS 352.375 provides an exemption for qualified veterans of the U. S. Armed Forces. Students who qualify for either of these exemptions are not considered Oregon residents under these Residency Standards. However, they are exempt from paying non-resident tuition. Questions about these exemptions and the process for establishing eligibility should be directed to the appropriate official at each university.

C. Residency Consideration Factors

The following factors, although not necessarily conclusive or exclusive, have probable value in support of a claim for Oregon resident classification:

Reside in Oregon for 12 consecutive months prior to the beginning of the term for which resident classification is sought and during that period be primarily engaged in activities other than those of a college student;

Reliance upon Oregon resources for financial support;

Domicile in Oregon of persons legally responsible for the student;

Acceptance of an offer of permanent employment in Oregon; and

Ownership by the person of his or her living quarters in Oregon.

The following factors, standing alone, do not constitute sufficient evidence to effect classification as an Oregon resident:

D. Evidence of Financial Dependency

In determining whether a student is financially dependent, a student must provide:

Evidence of established domicile of the person claiming the student as a dependent; and

The identification of the student as a dependent on the federal and state income tax returns of the person claiming the student as a dependent. Additional documentation to substantiate dependency during the current calendar year may be required at a later time if deemed necessary by the institution.

A student who provides evidence that he or she is a financially dependent person under these rules shall not be required to establish a 12-month domicile prior to classification of resident status, provided such a student may not be classified as a resident while receiving financial assistance from another state or state agency for educational purposes.

E. Residence Classification of Armed Forces Personnel

For purposes of these Standards, members of the armed forces means officers and enlisted personnel of:

The Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States;

Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States;

The National Guard of the United States and the Oregon National Guard.

Notwithstanding Section B, active members of the armed forces and their spouses and dependent children shall be considered residents for purposes of an institution's tuition and mandatory enrollment fees if the members:

Reside in this state while assigned to duty at any base, station, shore establishment, or other facility in this state;

Reside in this state while serving as members of the crew of a ship that has an Oregon port of shore establishment as its home port or permanent station; or

Reside in another state or a foreign country and file Oregon state income taxes no later than 12 months before leaving active duty.

An Oregon resident entering the armed forces retains Oregon residence classification until it is voluntarily relinquished.

An Oregon resident who has been in the armed forces and assigned on duty outside of Oregon, including a person who establishes residency under section E.2.c of these Standards, must, within a reasonable time, demonstrate intent to retain classification as an Oregon resident. Such intent may be shown by returning to Oregon within six months after completing service in the armed forces.

A person who continues to reside in Oregon after separation from the armed forces may count the time spent in the state while in the armed forces to support a claim for classification as an Oregon resident.

The dependent child and spouse of a person who is a resident under Section E.2 of these Standards shall be considered an Oregon resident. "Dependent child" includes any child of a member of the armed forces who:

Is under 18 years of age and not married, otherwise emancipated or self-supporting; or

Is under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning, and dependent on the member for over one-half of his/her support.

F. Residence Classification of Members of Oregon Tribes

Students who are enrolled members of federally recognized tribes of Oregon or who are enrolled members of a Native American tribe which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon shall be assessed resident tuition regardless of their state of residence.

For purposes of these Standards, the federally recognized tribes of Oregon are:

Burns Paiute Tribe;

Confederated Tribes of Coos, Lower Umpqua and Siuslaw;

Confederated Tribes of Grand Ronde Community of Oregon;

Confederated Tribes of Siletz Indians of Oregon;

Confederated Tribes of the Umatilla Indian Reservation;

Confederated Tribes of the Warm Springs Indian Reservation;

Coquille Indian Tribe;

Cow Creek Band of Umpqua Indians;

Klamath Tribes.

For purposes of this rule these Standards, the Native American tribes which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon are:

CALIFORNIA:

Benton Paiute Tribe;

Big Bend Rancheria;

Big Lagoon Rancheria;

Blue Lake Rancheria;

Bridgeport Indian Colony;

Cedarville Rancheria;

Fort Bidwell Indian Tribe;

Hoopa Valley Tribe;

Karuk Tribe of California;

Likely Rancheria;

Lookout Rancheria;

Lytton Rancheria;

Melochundum Band of Tolowa Indians;

Montgomery Creek Rancheria

Pit River Tribe;

Quartz Valley Indian Community;

Redding Rancheria;

Roaring Creek Rancheria;

Smith River Rancheria;

Susanville Rancheria; Tolowa-Tututni Tribe;

Winnemucca Colony;

XL Ranch;

Yurok Tribe.

IDAHO:

Nez Perce Tribe of Idaho;

Shoshoni-Bannock Tribes.

NEVADA:

Duck Valley Shoshone-Paiute Tribes;

Fallon Paiute-Shoshone Tribe;

Fort McDermitt Paiute-Shoshone Tribe;

Lovelock Paiute Tribe;

Pyramid Lake Paiute Tribe;

Reno-Sparks Indian Colony;

Summit Lake Paiute Tribe;

Walker River Paiute Tribe;

Winnemucca Indian Colony;

Yerington Paiute Tribe.

OKLAHOMA: Modoc Tribe of Oklahoma.

WASHINGTON:

Chehalis Community Council;

Colville Confederated Tribes;

Quinault Indian Nation;

Shoalwater Bay Tribe;

Yakama Indian Nation.

A student seeking to be assessed resident tuition and mandatory enrollment fees under these Standards shall submit, following procedures prescribed by the University where the student seeks to enroll, a photocopy of tribal enrollment which documents tribal membership.

G. Residence Classification of Non-Citizens

A person who is not a citizen of the United States may be considered an Oregon resident if the person qualifies as a resident under Section B and is one of the following:

A lawful permanent resident. The date of approval of lawful permanent residency shall be the earliest date upon which the 12-month residency requirements under Section B may begin to accrue.

An immigrant granted refugee or political asylum in the United States. The date of approval of political asylum or refugee status shall be the earliest date upon which the 12-month residency requirements under Section B may begin to accrue.

A person holding one of the following non-immigrant visa classifications: A, E, G, H-1B, H-1C, the spouse or child of a person holding an H-1B or H-1C visa, I, K, L, NATO, O, R, S, T, TN, U, or V. The date of the issuance of a visa for one of these classifications shall be the earliest date upon which the 12-month residency requirements under Section B may begin to accrue. A person possessing a non-immigrant or temporary visa that is not identified under these Standards shall not be considered an Oregon resident under this Section G.1.c.

Appendix II: Residency Procedure: A–C

A. Definitions

B. Changes in Residence Classification

Unless otherwise specified in the Residency Standards, if an Oregon resident student enrolls in an institution outside of Oregon and later seeks to enroll in a University that applies these Residency Standards, the residence classification of that student shall be re-examined and determined on the same basis as for any other person.

A student who becomes eligible for resident tuition during a term of enrollment at a University will not qualify for resident tuition until the beginning of the next term.

Once established, classification as a resident continues so long as the student remains in continuous academic year enrollment in the classifying University.

A person who seeks eligibility for resident tuition under these rules shall complete and submit a notarized Residence Information Affidavit. The affidavit and all required supportive documents and materials must be submitted by the last day to register for the term in which resident status is sought.

Universities that apply this Residency Procedure are only bound by determinations of residency that follow this Procedure, including timely submittal of the notarized affidavit.

C. Review of Residence Classification Decisions

An inter-institutional residency committee (IRC) is established consisting of the officers who determine student residence classification at each University that applies this Residency Procedure. The chair of the committee shall rotate among the Universities with no chair serving more than two consecutive years. A majority of the members of the Committee shall constitute a quorum. A majority of a quorum may make recommendations.

Residence cases of unusual complexity, especially where there may be conflict of rules, may be referred by the originating classification officer to the IRC for its recommendation to the registrar or designee.

Any person who is aggrieved by the originating classification officer’s classification decision may, within ten days of the date of mailing or other service of the classification decision, request that the IRC review the classification and make recommendations to the registrar or designee of the originating university. The appeal must be in writing and shall be filed with the originating University. An aggrieved person may supply written statements to the IRC for consideration in reviewing the case and may also make an oral presentation to the IRC on a date to be scheduled by the IRC. The IRC shall make a recommendation to the registrar or designee of the originating University. That registrar or designee shall then issue a decision. The decision of the registrar or designee shall be final unless appealed.

A person dissatisfied with the decision of the registrar or designee may, within ten days of the date of the mailing or other service of the decision, appeal the decision to the president or designee of the originating University. An appeal shall be in writing only. The decision of the president or designee shall be final.

A person granted a meritorious hardship exception to residency under the Oregon Administrative Rules regarding residency prior to July 1, 1990, shall not lose the exception solely because of the repeal of the exception authorization.